Debtconsolidationcare.com - the USA consumer forum

paying a judgement ???s

Date: Sat, 05/31/2008 - 15:55

Submitted by anonymous
on Sat, 05/31/2008 - 15:55

Posts: 202330 Credits: [Donate]

Total Replies: 6


If a lawsuit is won by the creditor, and you have no job, can the creditor take money from your private(not job related)retirement account? Can you make payments to pay off the judgement?

If you are gifted money-inheiritance, or win money in a lawsuit, or win the lottery, Then put this money into a retirement account, can a creditor garnish the account?


Well, your income isn't subject to garnishment till the creditor (or, the collection agency) receives a judgement against you. If you can successfully defend your case, there is very little chance for the creditor to get a judgment against you, but if you fail to file an answer or fail to appear before the judge on the particular date, the creditor will then be awarded with the default judgement and can garnish your income. Hence, make sure that you appear before the court of law to defend yourself. You can also take the help of the legal professional to present you.

However, normally one's retirement income is exempted from garnishment before they are paid to you. Unemployment compensation, civil service retirement benefits, Individual Retirement Account (IRA), private pension and life insurance benefits paid towards the nominee of the policy, are the some form of income that are subjected to exemption before they're paid.

However, I'd rather suggest that you seek legal help to understand the possibilities better as the garnishment law varies state to state.


lrhall41

Submitted by tweetyturner on Mon, 06/02/2008 - 01:43

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How can you pay if you dont have any assets or own a home? I live with a friend and I am a freelancer, how can I pay them back?

I can't deny the debt either, I know it's mine, the only thing I know is that the plaintiff in this case is not the original creditor, it's a collection company. How can I defend myself?


lrhall41

Submitted by on Mon, 06/02/2008 - 23:21

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